冲突法视域下的乘客法则

Guest statute from a Perspective of Conflict of Laws

乘客法则是美国冲突法和侵权法上的重要概念,它在20世纪早期确立于美国,随着社会现实的发展,其在适用中产生了一系列问题,这些问题导致了乘客法则的消亡。乘客法则的消亡,固然与其自身的缺陷相关,然而,在冲突法的视域下看,乘客法则在美国从产生到逐渐灭亡的过程,是冲突法在推动实体法进步的同时,自身得以进一步完善的过程。正是从乘客法则的发展中反映出的冲突法和实体法的良性互动,使得冲突法和实体法都实现了自身质量的提升。冲突法的研究离不开实体法,冲突法的发展需要关注实体法及社会现实需要。

Guest statute is a very important concept in both American conflict of laws and tort law,its developing process has much to do with American conflict of laws. This article firstly expoands the background of the emergence of guest statute in America,then discusses the problems in applying guest statute. The article emphasizes on this point that although the disappearance of guest statute has something to do with its own shortcomings,from a perspective of conflict of laws,the developing process of guest statute is a process in which conflcit of laws advances substantive law while perfecting itself. The developing process of guest statute shows the good interaction between conflict of laws and substantive law,in which both conflict of laws and substantive law have made a great progress. The research of conflict of laws cannot go without substantive law,the developing of conflict of laws needs attention to substantive law and the need of society.